TERMES ET ACCORDS

INTRODUCTION

Welcome to the ‘Fast for the Climate’ website (“Website”) powered by the ChangeFactor software platform, a project of Sustainable Markets Foundation (“Sponsor” or “We”), a U.S. corporation tax exempt under Section 501(c)(3) of the Internal Revenue Code, on behalf of the Climate Action Network International (“Primary Party”) and other participating organizations listed on the Website (“Collaborating Parties”). Sponsor, Primary Party and Collaborating Parties are collectively known as “Participating Parties”.

These Terms & Conditions of Use apply to all services made available by the Sponsor on the Website or on any page or subdomain of the Website (collectively, the “Site”), and any Sponsor-approved software Application or Application Programming Interface (each an “Application”) that may permit access to all or any portion of the Site. The Site and all Applications are, collectively, the “Services.”

ChangeFactor’s mission is to empower organizations and individuals with the tools to make a difference on important humanitarian and environmental issues. We encourage you to make full use of the resources presented on this Site, and we welcome you to submit feedback or ideas to improve your experience at info@changefactor.org.

By using this Site, you are accepting these Terms & Conditions of Use (“Terms”), which includes the Privacy Policy found elsewhere on the Site and is incorporated by reference into these Terms. If you do not agree to these Terms, please do not use our Site. We reserve the right to change or modify any of these Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

We occasionally may have a need to communicate with you. You hereby authorize the Sponsor to communicate with you via email, social media channels, or mobile push notifications for any matter related to our Services. With respect to promotional opportunities and certain other communications, you will be given the opportunity to opt-out of receiving such communications; however, you hereby grant the Sponsor permission to communicate with you via email about your use of our Services, changes to these Terms, or your rights and obligations under these Terms.

Services may include the use of unique referring web links identifying a Participating Party (a “Referrer”). By accessing the Site or using our Services via a Referrer’s referral link, you hereby agree to receive occasional communications from the Primary Party, the Referrer, or the Sponsor. To stop receiving communications from any Party, you can opt-out at any point by clicking the “Unsubscribe” or “Unfollow” links.

If you are under the age of majority in your legal jurisdiction (e.g. 18 years of age in the U.S.) do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms and are fully able to abide by them. We do not knowingly collect information from children under the age of 13. If you are under 13, please don’t submit any personally identifiable information on this site.

If you are using our Services on behalf of an organization or an individual other than yourself, then you represent and warrant that you are an authorized representative of said organization or individual with the authority to agree to these Terms on their behalf.

The Services are offered to users free of charge, although certain content may require the payment of a fee. We will clearly identify all content that requires the payment of a fee. You understand and agree that these Terms are entered into in consideration of your use of the Services and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.

The Site operates from the United States. We make no representation that materials in this Site are appropriate or available for use in all locations, and access to this Site from territories where its contents are illegal is prohibited. Those who choose to access this Site do so on their own initiative and are responsible for compliance with applicable local laws anywhere in the world. Furthermore, you agree to use this Site only for lawful purposes, and in a manner which does not infringe the rights, or restrict or inhibit the use and enjoyment of the Site by any third party.

TABLE OF CONTENTS

1. PRIVACY

2. COPYRIGHT & LIMITED LICENSE

3. INFRINGER POLICY

4. COPYRIGHT COMPLAINTS

5. TRADEMARKS

6. SITES LINKED FROM SITE (Third Party Content)

7. SITES LINKING TO SITE

8. DISCLAIMER

9. FEEDBACK & MATERIALS

10. USER CONTENT & INTERACTIVE SERVICES

11. DONATIONS

12. REGISTRATION DATA & ACCOUNT SECURITY

13. LIMITATION OF LIABILITY

14. INDEMNITY

15. TERMINATION & REMOVAL OF CONTENT

16. SEVERABILITY/WAIVER

17. GOVERNING LAW & JURISDICTION

18. QUESTIONS & CONTACT INFORMATION

 

1. PRIVACY

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

2. COPYRIGHT & LIMITED LICENSE

The Site and all content and other materials on the Site, including, without limitation, all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the property of one or more Participating Parties, licensors, or users and are protected by U.S. and international copyright, trademark, and other intellectual property laws, unless otherwise noted as “Creative Commons.” Permission is granted to access and use the Site and to display, copy, print and download the Site Materials for personal, non-commercial use only, in accordance with these Terms and the other rules and restrictions contained in the Site, provided you do not modify the Site Materials and that you retain all copyright, trademark, and other proprietary notices contained in the materials. In addition, you agree that such permission does not include:

(a) any commercial use or any resale or redistribution of the Site or the Site Materials therein;

(b) the collection and use of any product listings, pictures or descriptions;

(c) the distribution, public performance or public display of any Site Materials;

(d) making any derivative uses of the Site and the Site Materials, or any portion thereof;

(e) use of any data mining, robots or similar data gathering or extraction methods;

(f) downloading (other than page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site;

(g) any use of the Site or the Site Materials other than for its intended purpose.

The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Sponsor and the copyright owner. The permission given to you terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without permission of the Sponsor, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).

3. INFRINGER POLICY

We respect the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of any users who are deemed to be repeat infringers. We may also at our sole discretion limit access to this Site and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).

4. COPYRIGHT COMPLAINTS

If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, please send the following information to info@changefactor.org:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on this site;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

5. TRADEMARKS

Logos of the Participating Parties and any other product or service name or slogan contained in the Site are trademarks of the Participating Parties, licensors, or other respective owners, and may not be copied, imitated or used, in whole or in part, without our prior written permission or the permission of applicable trademark holders. In addition, the page headers, custom graphics, button icons and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission, unless otherwise noted as “Creative Commons.

6. SITES LINKED FROM SITE

This Site may contain links to or may frame third party Web sites (“Third Party Sites”), Hosting Services, or Third Party Applications and may contain or link to third party information, materials, communications or other content (collectively the “Third Party Content”). Such Third Party Content, services, and Third Party Sites are not under our control, and we do not necessarily endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content or any products or services offered by any third parties on the Site or any Third Party Site. Participating Parties do not intend links on this Site to be referrals or endorsements of the linked entities, or their products or services, and are provided for convenience only. Your use of Third Party Sites or Third Party Content, or any third party products and services, is at your own risk and subject to the terms and conditions or the provider.

7. SITES LINKING TO SITE

If you would like to link other websites to this Site, you may do so, but such links may not suggest or imply the endorsement or approval of any product, position, entity, or individual by Participating Parties. If an in-bound link portrays any Participating Party in a false, misleading, derogatory or otherwise defamatory manner; or which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable we reserve the right to block or report the link. You may not use the logos of Participating Parties or other proprietary graphic from the Site to link to the Site without the express written permission of the appropriate Party. Further, you may not frame or provide inline links to the Site without our express written consent.

8. DISCLAIMER

YOUR USE OF THIS SITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE SITE (THE “SERVICES”) IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. PARTICIPATING PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. PARTICIPATING PARTIES ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY PARTICIPATING PARTIES. TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

9. FEEDBACK & MATERIALS

Any comments or materials sent to any of the Participating Parties (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Site or any related products or programs (collectively “Feedback”), shall be deemed to be non-confidential and shall become our sole property. You hereby assign rights to your Feedback to Participating Parties, and they shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, we shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.

10. USER CONTENT & INTERACTIVE SERVICES

The Site may include comments, user-generated content or other interactive areas or services (“Interactive Areas”), including messaging, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. When using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

(a) Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b) Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

(c) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

(d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(e) Content that, in our judgment, may endanger or otherwise affect the tax-exempt status of any of the Participating Parties, including, but not limited to, any content that attempts to influence the outcome of any specific public election, or to participate in, or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office, or that attempts to influence the selection, nomination, election, or appointment of any individual to any public office or office in a political organization within the meaning of Section 527(e)(2) of the Internal Revenue Code;

(f) Promotions, advertising or solicitations;

(g) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

(h) Viruses, corrupted data or other harmful, disruptive or destructive files; and

(i) User Content that in our judgment is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Participating Parties or Site users to any harm or liability of any type.

The Participating Parties take no responsibility and assume no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive Areas, the Participating Parties are not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Content posted through Interactive Areas, we reserve the right to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Any use of our Interactive Areas or other portions of the Site in violation of the foregoing, violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

You retain rights for Content you post to the Site, other than Feedback. Unless we indicate otherwise, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content on or in connection with the Services. You grant Participating Parties and their affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

11. DONATIONS & FEES

The Services may allow you to donate to, or raise funds for, Participating Parties including organizations exempt from Federal income taxation under Section 501(c)(3) of the U.S. Internal Revenue Code. We have contractual agreements with these organizations to collect donations on their behalf. However we do not accept responsibility or necessarily endorse the activities of the designated recipient organization. Please confirm the amount of your donation is correct before submitting your payment for processing. If you believe your credit card was used without your permission to make a payment on our Site, please notify your card provider in accordance with its reporting rules.

Participating Parties and organizations that may receive funds through the Services may or may not be exempt from Federal income taxation under Section 501(c)(3) of the Internal Revenue Code, and therefore contributions to such organizations may or may not be tax-deductible for U.S. taxpayers. If the organization to which a user may donate using the Services is not tax-exempt, so that contributions from U.S. taxpayers would not be tax-deductible, that shall be clearly stated on the Site.

We cannot warrant that your donations will be used for the particular purpose stated in associated Site Materials, and we shall not be responsible for any dissatisfaction you may have regarding the recipient organization’s use of any donation you make through the Services or for any misuse or non-use of such donations by the recipient organization.

Donations collected for the Primary Party on the Site are passed on to the Primary Party, less a 2.5% payment processing fee applicable to donation amounts $250.00 or greater (0% fees under $250.00). Users are also offered the opportunity to provide an additional $1.50 to the Sponsor to help cover operational costs.

12. REGISTRATION DATA & ACCOUNT SECURITY

To access some services on the Site, you may be invited to register and create an account. In consideration of your use of these services, if you create an account on the Site, you agree to:

(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);

(b) maintain the security of your password and identification;

(c) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete;

(d) accept all risks of unauthorized access to the Registration Data and any other information you provide.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SPONSOR, ANY OF THE PARTICIPATING PARTIES OR ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND/OR THE OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABILE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PARTICIPATING PARTIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PARTICIPATING PARTIES’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PARTICIPATING PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PARTICIPATING PARTIES FOR ACCESS TO OR USE OF THE SITE.

14. INDEMNITY

You agree to defend, indemnify and hold the Sponsor, Participating Parties, and affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, trustees, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms, any Content you post, store or otherwise transmit on or through the Site, or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Content, your conduct, or your violation of the rights of any third party.

15. TERMINATION & REMOVAL OF CONTENT

Notwithstanding any of these Terms, we reserve the right, without notice to discontinue the Site or any of the Services, and to terminate your permission to use, and block your access to, the Services at any time without notice. In addition, we reserve the right to delete, edit or modify any and all Content contained in the Site and any Services at any time without notice.

16. SEVERABILITY/WAIVER

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

17. GOVERNING LAW & JURISDICTION

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. QUESTIONS & CONTACT INFORMATION

Questions or comments regarding the Site should be directed by email to info@fastfortheclimate.org.